8 Colo. Code Regs. § 1402-1-2.113
Current through Register Vol. 47, No. 11, June 10, 2024
Section 8 CCR 1402-1-2.113 - CIVIL PENALTIES AND INJUNCTIONSA. Violation of any provision of the Child Care Licensing Act or intentional false statements or reports made to the Department or to any agency lawfully delegated by the Department to make an investigation or inspection may result in fines assessed of not more than $250 a day the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000: 1. A civil penalty will be assessed by the Department only in conformity with the provisions and procedures specified in Article 4 of Title 24,, C.R.S. No civil penalty will be assessed without a hearing conducted pursuant to the Child Care Licensing Act and Article 4 of Title 24,, C.R.S., before an Administrative Law Judge acting on behalf of the Department.2. Prior to receipt of a cease and desist order from the Department or from any agency delegated by the Department to make an investigation or inspection under the provision of the Child Care Licensing Act, any unlicensed child care facility may be fined up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation of the Child Care Licensing Act or for any statutory grounds as listed in section 26.5-5-317(2) C.R.S.3. For providing child care for which a license is required after receipt of a cease and desist order, an unlicensed facility shall be fined up to $500, a sentence of up to 10 days in jail, or both.4. Assessment of any civil penalty under this rule section will not preclude the Department from initiating injunctive proceedings pursuant to section 26.5-5-320, C.R.S.5. A licensed child care facility may be fined up to $250 a day for the first day, $500 for the second day, and $1,000 a day for the third and subsequent days, to a maximum of $10,000 for each violation of the Child Care Licensing Act or for any statutory grounds as listed at section 26.5-5-317(2), C.R.S.6. Assessment of any civil penalty does not preclude the Department from also taking action to deny, suspend, revoke, make probationary, or refuse to renew that license.7. Any person intentionally making a false statement or report to the Department or to any agency delegated by the Department to make an investigation or inspection under the provisions of the Child Care Licensing Act may be fined up to $250 a day for the first day, $500 for the second day, $1,000 a day for the third and subsequent days to a maximum of $10,000.8. Civil penalties assessed by the Department must be made payable to the Colorado Department of Early Childhood.B. In addition to civil penalties that may be assessed under rule section 2.113(A), when an individual operates a facility after a license has been denied, suspended, revoked, or not renewed, or before an original license has been issued, injunctive proceedings may be initiated to enjoin the individual from operating a child care facility without a license.C. Within ten (10) working days after receipt of a notice of final agency action with regard to a negative licensing action or the imposition of a fine, or when the Department identifies and documents in a report of inspection serious violations of any of the standards that could impact the health, safety or welfare of a child cared for at the facility, each, facility, must provide the Department with the names and mailing addresses of the parents or legal guardians of each child cared for at the facility, so that the Department can notify the parents or legal guardians of the negative licensing action taken or the serious violation impacting the health, safety or welfare of a child. The facility will be responsible for paying a fine to the Department that is equal to the direct and indirect costs associated with the mailing of the notice.46 CR 22, November 25, 2023, effective 12/15/2023